허위작성공문서행사등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor, such as the statement of H and CCTV images, the fact that the Defendant, although having not measured G’s active signs, was falsely prepared and used as if it were measured as shown in the facts charged, is sufficiently recognized for the same purpose.
Nevertheless, the lower court erred by misapprehending the facts charged and acquitted all of the charges of this case.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence of this case, based on the judgment of the court below, was proved to the extent that there is no reasonable doubt that the defendant made false statements about the first-aid service activity without measuring G's active signs.
On the grounds that it is difficult to see that all of the facts charged in this case were acquitted, it is just and acceptable, and since no new evidence corresponding to the facts charged in this case has been submitted in the trial, there was an error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor of the lower judgment.
It does not seem that it does not appear.
Therefore, prosecutor's assertion of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.